Agenda 02/25/2014 Item #17A2/25/2014 17./,
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
Petition VAC- PL20130001629, to disclaim, renounce and vacate the County and the Public interest
in a portion of the 30 -foot road right -of -way, utility and drainage easement, recorded in Official
Record Book 565, page 29 and also a part of Tract "OS -1" of Saturnia Falls -Phase One, Plat Book
51, pages 1 -26 of the Public Records of Collier County, Florida, also being a part of Section 16,
Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit A.
OBJECTIVE: To adopt a Resolution to vacate the County and the public interest in a portion
of the 30 -foot road right -of -way, utility and drainage easement, recorded in Official Record
Book 565, page 29 and also a part of Tract "OS -1" of Saturnia Falls -Phase One, Plat Book 51,
pages 1 -26 of the Public Records of Collier County, Florida, also being a part of Section 16,
Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in
Exhibit A.
CONSIDERATIONS: Petition VAC- PL20130001629 has been received by the Engineering
Services, Growth Management Division, Planning and Regulation from Bill Fenno, of GLH
Engineering, LLC, as agent for the property owner to vacate a portion of the 30 -foot road right -
of -way, utility and drainage easement, recorded in Official Record Book 565, page 29 and also a
part of Tract "OS -1" of Saturnia Falls -Phase One, Plat Book 51, pages 1 -26 of the Public
Records of Collier County, Florida, also being a part of Section 16, Township 48 South, Range
26 East, Collier County, Florida.
The Engineering department has reviewed this petition and found no reason for objection.
By vacating the 30 -foot road right -of -way, utility and drainage easement, the preserves located in
the Parklands Collier property to the north and the Riverstone (fka Saturnia Falls) property will
be physically connected. This will enable the flow of water from the north to south which is
consistent with the water management district permits. If the 30 -foo. road right -of -way, utility
and drainage easement was not vacated, a wall potentially could be installed thus obstructing the
flow of surface water. This vacation was requested and supported by the Conservancy of SW
Florida.
The hearing has been duly advertised in a local paper of general circulation pursuant to Section
336.10. Florida Statutes and Resolution No. 2013 -166, and the adjoining property owners will be
given notice as welt.
FISCAL IMPACT: Growth Management Division, Planning and Regulation staff has collected
a $2,100 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording
and processing the Petition.
GROWTH MANAGEMENT IMPACT: There is no growth management plan impact.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners; 1) Approves the attached
Resolution, relating to Petition VAC- PL20130001629, which will vacate the County and the
public interest in a portion of the 30 -foot road right -of -way, utility and drainage easement,
recorded in Official Record Book 565, page 29 and also a part of Tract "OS -1" of Satumia Falls-'
Phase One, Plat Book 51, pages 1 -26 of the Public Records of Collier County, Florida, also
being a part of Section 16, Township 48 South, Range 26 East, Collier County, Florida, being
more specifically shown in Exhibit A, and 2) Directs the Clerk to the Board to record a certified
copy of the Resolution in the Public Records, and to make proper notation of this Resolution on
the plat of Saturnia Falls -Phase One, recorded in Plat Book 51, Pages 1 through 26, of the public
records of Collier County, Florida.
Prepared By: Marcus L. Berman, P.S.M., County Land Surveyor, Engineering Services
Department, Growth Management Division, Planning and Regulation
Attachments: 1) Resolution with Exhibits, 2) Plat of Saturnia Falls -Phase One sheet 2
CAO 13- EIS -02565
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
2/25/2014 17.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition VAC- PL20130001629, to disclaim, renounce and vacate
the County and the Public interest in a portion of the 30 -foot road right -of -way, utility and
drainage easement, recorded in Official Record, Book 565, page 29 and also a part of Tract "OS-
1" of Saturnia Falls -Phase One, Plat Book 51, pages 1 -26 of the Public Records of Collier County,
Florida, also being a part of Section 16, Township 48 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A.
Meeting Date: 2/25/2014
Prepared By
Name: BermanMarcus
Title: County Land Surveyor
1/22/2014 8:57:25 AM
Submitted by
Title: County Land Surveyor
Name: BermanMarcus
1/22/2014 8:57:26 AM
Approved By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
Date: 1/22/2014 9:14:09 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/22/2014 11:32:03 AM
Name: KurtzGerald
Title: Project Manager, Principal,Transportation Engineer
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2/25/2014 17.A,.
Date: 1/22/2014 3:49:16 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 1/28/2014 11:03:28 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/30/2014 3:45:33 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 2/11/2014 3:00:02 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/12/2014 4:52:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/13/2014 1:27:53 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 10:48:39 AM
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2/25/2014 17.k.
RESOLUTION NO. 2014-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO DISCLAIM, RENOUNCE
AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A
PORTION OF THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY
AND DRAINAGE EASEMENT, RECORDED IN OFFICIAL
RECORD BOOK 565, PAGE 29 AND ALSO A PART OF TRACT
"OS-1" OF SATURNIA FALLS -PHASE ONE, PLAT BOOK 51,
PAGES 1 -26 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, ALSO BEING A PART OF SECTION 16, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PETITION VAC- PL20130001629)
WHEREAS, pursuant to Resolution 2013 -166, Petitioner, Bill Fenno of GLH
Engineering, LLC., has requested the vacation of the County and the Public interest in a
portion of the 30 -foot road right -of -way, utility and drainage easement, recorded in
Official Record Book 565, page 29 and also a part of Tract "OS -1" of Saturnia Falls -
Phase One, Plat Book 51, pages 1 -26 of the Public Records of Collier County, Florida,
also being a part of Section 16, Township 48 South, Range 26 East, Collier County,
Florida, being more specificahy described in Exhibit A, attached hereto; and
WHEREAS, at its January 14, 2014 regular meeting, the Board of
Commissioners, via Resolution No. 2014 -01, approved the scheduling of a public hearing
on February 25, 2014; and
WHEREAS, the Board of County Commissioners, on this day, held a public
hearing to consider the petitioner's request and notice of said public hearing was given as
required by lave and
WHEREAS, the granting of the Petitioner's request will not adversely affect the
ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County interest ir,
a portion of the 30 -foot road right -of -way, utility and drainage easement, recorded ir.
Official Record Book 565, page 29 and also a part of Tract "OS -1" of Saturnia Fahs-
Phase One, Plat Book 51, pages 1 -26 of the Public Records of Collier County, Florida,
also being a part of Section 16, Township 48 South, Range 26 East, Collier County,
Florida, being more specifically shown in Exhibit A, is hereby vacated, extinguished,
renounced and disclaimed, and this action is declared to be in the public interest and for
the public benefit.
1 of 2
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2/25/2014 17
.A.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is
hereby directed to record a certified copy of the Resolution in the Public Records and to
make proper notation of this Resolution on the plat of Satumia Fall -Phase One, recorded
in Plat Book 51, Pages 1 through 26, of the public records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote favoring same,
this the 25th day of February, 2014.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
By: '
Emily R. in
Assistant County Attorney
Attachments: 1) Exhibit A, 2) Location Map
2of2
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N A P L E S D A I LY NEWS(( Wednesday, February 5, 2014 K 17D
STICE >10F MEETING M NATUT i
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, February 25, 2014, in the Board of County
Commissioners Meeting Room, Third Floor, Collier County Government Center,
3299 Tamiami Trail East, Naples FL, the Board of County Commissioners (BCC) will
consider the enactment of a County Resolution. The meeting will commence at
4:00 A.M. The title of the proposed Resolution is as follows:
RESOLUTION NO. 2014 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY AND
DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 565, PAGE 29 AND
ALSO A PART OF TRACT "OS -1" OF SATURNIA FALLS -PHASE ONE, PLAT BOOK 51,
PAGES 1 -26, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING
A PART OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (PETITION VAC- PL2013000162g)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
Public hearing. in any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used it presentations before the Board
will become a permanent Dart of the recor
Any person who decides to appeai any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision o'
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239)
252 -8380, at least two days prio• to the meeting Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONER=
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon
Deputy Clerk (SEAL)
_February 5 R 12 2014 No �014101
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N A P L E S DA I LY N E WS K Wednesday, February 12, 2014 tit 29D
)TICE OF .MEETING 0 Never r,
NOTICE OF PUBLIC HEARING
Notice is Commissioners MeetnghRoom T Third Y Floor, u Collier County Government f Centel
3299 Tamiami Trail East, Naples FL, the Board of County Commissioners (BCC) will
consider the enactment of a County .Resolution. The meeting will commence at
9:00 A.M. The title of the proposed Resolution is as follows:
RESOLUTION NO. 2014 -_
A RESOLUTION OF THE BOARD OF COUNTY'COMMfSSIONERS OF COLLIER COUNTY,
FLORIDA, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC
INTEREST IN A PORTION OF THE 30 -FOOT ROAD RIGHT -OF -WAY, UTILITY 'AND
DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 565, PAGE 29 AND
ALSO A PART OF TRACT "OS -1" OF SATURNIA FALLS -PHASE ONE, PLAT BOOK 51,
PAGES 1 -26, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING
A PART OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. (PETITION VAC- PL20130001629)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on an agenda item must register with the
County Manager prior to presentation or the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision c'
certain assistance. Piease contact the Collier County Facilities Management Depom-
ment, located at 3335 Tamiam Trail East, Suite 101, Naples, c_ 34112 -5356. (239;
252 -8380, at least two days prim to the meeting. Assisted listening devices Tor the
hearing imoaired are available in the Boarc of County Commissionrs Office
BOARD OF COUNTY COMMISSIONER:
COLLIER COUNTY, FLORID,
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon
Deputy Clerk (SEAL)
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